Australia, Belgium unwilling to be ‘third country’ for ex-president

The governments of Australia and Belgium have both rejected requests to host former Philippine President Rodrigo Duterte should the interim release currently being sought by his lawyers be granted by the International Criminal Court (ICC).

 “There’s no country on record that [is] willing [to serve] as host [or] as a third country in the interim release of the former president,” Assistant Counsel to the ICC, lawyer Kristina Conti, said yesterday.

Duterte has been held at the ICC detention facility in Scheveningen, The Hague, since March, facing charges of crimes against humanity over an anti-drug campaign that allegedly left thousands dead.

His legal team filed a motion on June 12 seeking temporary release to an undisclosed country, citing humanitarian concerns and insisting the 80-year-old posed no flight risk.

A redacted filing posted on the ICC website claimed the unnamed country had expressed a “principled agreement” to host Duterte.

Australia, a signatory to the Rome Statute, ultimately decided to defer the matter to the ICC and made clear it would not host the former leader.

However, Vice President Sara Duterte said they never formally petitioned the Australian government to allow her father to provisionally stay there anyway, denying that her visit to Melbourne earlier this month was connected to such a request.

“I’d like to clarify that the defense team of President Duterte never reached out to the Australian government to discuss this interim release. There is no application of former President Duterte for interim release in Australia,” she said in a statement on Friday

“I have to confirm the two countries, none of which is Australia. So, I do not know why,” the younger Duterte added.

Meanwhile, Belgium flatly rejected the request, and no other nation has agreed to receive Duterte under interim release conditions, Conti noted.

The prosecution and the Office of Public Counsel for Victims are both urging the ICC to deny the motion, citing potential threats to witnesses and the judicial process.

Conti noted that ICC precedent generally denies interim release for those charged with grave crimes like genocide or crimes against humanity.

The Court only grants temporary freedom in rare instances, such as hospital confinement, with stringent controls to prevent escape or interference.

As this developed, Malacañang clarified that it is not directly cooperating with the ICC, even as the Department of Justice (DOJ) confirmed it is assisting witnesses linked to the court’s investigation into Duterte’s war on drugs.

On Friday, Presidential Communications Office (PCO) Undersecretary Claire Castro said that while the DOJ is offering protection to witnesses, it is doing so independently, not under the ICC’s authority.

“It can be said that it is indirectly cooperating with the ICC. But, the primary intention of the government is to help the victims and the witnesses of the victims to get the justice they need,” she explained.

Justice Secretary Jesus Crispin ‘Boying’ Remulla earlier confirmed that his department was extending protective services to prosecution witnesses against Duterte.

Castro said that the justice department is safeguarding witnesses with President Marcos’ approval.

However, she emphasized that the government’s focus is on supporting victims, rather than fulfilling any ICC requests.

“We are helping Filipinos in need of justice, regardless of where the case is being heard,” she said, reiterating that the support applies whether or not ICC proceedings are involved.

Editor’s Note: This is an updated article. Originally posted with the headline “Belgium, Australia won’t host Duterte amid interim release bid.”